• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Logo

West Pennant Hills: (02) 9481 0428
Ermington: (02) 9898 1155
Auburn: (02) 9749 1055

  • Home
  • About
    • Alan Fitton
    • Victor Carlo
    • Ben Senese
    • What Clients Say
  • Family/De Facto
    • Marriage, De Facto Separation
    • Separation First Steps
    • Binding Financial Agreement
    • De Facto Definition
    • De Facto Separation Entitlements
    • Property Rights
    • Court Order Property Settlement
    • AVO Orders
    • Appointment Checklist
    • Family Law Terms
  • Wills & Probate
    • Making A Will
    • Contesting a Will
    • Your Cascading Will
    • Wills & Superannuation
    • Role of Executor of Will
    • Enduring Power of Attorney
    • Enduring Guardian
    • Grant of Probate
    • Testamentary Trust
  • Dispute Resolution
  • Conveyancing & Property
    • Reverse vs Standard Mortgages
  • Small Business
  • Courts
  • Contact Us
    • Hills District
    • Parramatta District
    • Auburn

Grant of Probate

When a person has been appointed as an Executor under a Will they will sometimes need to obtain “Probate” of the Will, by making application to the Supreme Court.

A “Grant of Probate” simply means the formal approval by the Supreme Court to the last Will.

The formal approval allows an Executor to collect the assets, pay the debts of a deceased person and then to distribute the estate in accordance with the provisions of the Will.

Do I Need Probate?

You will always need probate if the home or other land being distributed under the Will is in the deceased’s sole name. If you own this land or property as joint tenant, with the deceased person, you will not need probate.

You might need probate to deal with other assets, like money in bank accounts or money from a life insurance policy.

To find out, you need to write to the bank, company or other institution who will tell you whether they require probate, before they will transfer the asset.

Joint tenants and tenants-in-common

If assets of the deceased were jointly owned as joint tenants (that is where the co-owners did not own distinct portions of the property ie no person has a separate share), on the death of one of the joint owners the property automatically passes to the remaining joint tenant

There would be no need for a grant of Probate, if all of the deceased’s assets were held as joint tenants with someone that survived them.

If real estate is held solely in the name of the deceased or a share of real estate is owned by the deceased, as tenants in common with someone else, a grant of probate will be required in order to deal with the asset.

The certificate of title for real estate will show if the property was held as joint tenants or as tenants in common.

What are Letters of Administration?

An alternative, to an application for a Grant of Probate is to apply for Letters of Administration. This is done where there is no Will or the Will is invalid or partially invalid.

What is an Executor?

An Executor is a person appointed in a Will to act in respect of the estate of the Will maker upon his or her death. An Executor is the legal personal representative of a deceased person.

When a person dies without a Will then an Administrator is the legal personal representative.

Grant of Probate Quotation

Costs are a guaranteed fixed fee to obtain the Grant of Probate for an uncontested application (no challenges to the Will) and in accordance with our standard terms of trade as set out in the written costs disclosure to be provided upon acceptance of our offer.

You can also review our grant-of-probate-quotation-example

Please contact Calvin Nelson for a confidential discussion and quotation to obtain probate.

Primary Sidebar

Online Enquiry

* indicates required field

Footer

Hills District

  • Level 1, Suite 2, 10 Castle Hill Road
    WEST PENNANT HILLS NSW 2125
  • (02) 9481 0428
  • P.O. Box 302
    ERMINGTON NSW 1700

Parramatta District

  • Suite 4, 8 Betty Cuthbert Avenue
    ERMINGTON NSW 2115
  • (02) 9898 1155
  • P.O. Box 302
    ERMINGTON NSW 1700

Auburn

  • 1 Mary Street
    AUBURN NSW 2144
  • (02) 9749 1055
  • P.O. Box 76
    AUBURN NSW 1835

Liability limited by a scheme approved under Professional Standards Legislation

Copyright © 2021 · Created and hosted by LEAP · Log in